Rule 314 - Petition Post-Appointment(a) APPLICABILITY. This rule applies to proceedings after the appointment of a guardian or conservator, including: (1) a proceeding to limit powers, or remove or modify limitations on the powers, of a guardian or conservator;(2) a proceeding to accept the resignation of or remove a guardian or conservator;(3) a proceeding regarding an objection to or seeking to modify a guardianship report or conservatorship plan;(4) a proceeding to address a petition filed under D.C. Code § 21-2068 (2012 Repl.) regarding a conflict of interest; and(5) a proceeding regarding the administration of a conservatorship or guardianship.(b) INITIATION OF PROCEEDING. Except for a proceeding regarding a temporary guardian or an order to show cause issued by the court on its own initiative, a proceeding after the appointment of a guardian or conservator must be initiated by filing a petition post-appointment on the form maintained by the Register of Wills or a form that is substantially similar in format and content. The petition must state with specificity the grounds for the request. The petition must be accompanied by a notice of the right to respond to the petition and to indicate the type of hearing requested.(c) SERVICE. (1)In General. The petitioner must serve a copy of the petition and the notice required by Rule 314(b) on each of the following:(A) the incapacitated individual;(B) the attorney of record for each party or person entitled to participate, or the party or other person entitled to participate if not represented by an attorney;(C) any person who has filed an effective request for notice; and(D) any other person upon whom service is required by statute or order of the court.(2)Manner of Service. The petition and notice must be served personally or by certified or first-class mail addressed to the person's residence or place of employment.(d) RESPONSE TO PETITION. Any party or person entitled to participate who objects to the relief requested, or who desires a specific type of hearing, must file a response to the petition, a request for the hearing, or both, and must include the reasons. The party or person must file the response within 14 days after that party or person is served with the petition and notice. The response must be served as provided in Rule 314(c).(e) HEARING. (1)In General. The court must hold a hearing on the petition.(2)Notice of Hearing. If the court schedules an in-person hearing or a hearing by telephone conference or video teleconference, the court must issue a notice of the hearing. The petitioner must serve the notice of hearing as provided in Rule 314(c). If the protected individual has disappeared, has been detained by a foreign power, or is being held hostage by someone other than a foreign power, the petitioner must serve the notice of hearing on the protected individual in the manner required by Rule 301(d)(5).Adopted by Order dated March 4, 2022, effective 8/22/2022.COMMENT
In re Greene, 829 A.2d 506, 508 (D.C. 2003) provides that "a hearing in certain circumstances may be held through written submission." Id. (emphasis in original).